G.S.Chahal, J. - (1.) M/s. K.D. Sales Corporation-petitioner through its proprietor Shri Ashwani Kumar has come to this Court under Section 482 Cr. P.C. for quashing of the complaint dated 31.1.1992, Annexure P-7 filed by the respondent against the petitioner for offence under section 138 of the Negotiable Instrument Act (for short the Act) and the summoning order Annexure P6.
(2.) The brief facts on the basis of which the complaint Annexure P7 was instituted may be enumerated; The petitioner had to pay a sum of Rs. 58,041.15 to the respondent. On 13th August, 1991 a cheque bearing No. 187388 drawn on the State Bank of India, Jalandhar, for a sum of Rs. 20,000/1- was issued in his favour. This cheque when presented for payment was returned with the remarks Exceeds arrangements not arranged for. Second time the cheque was presented but again returned with the remarks that the amount had not been deposited. A registered notice dated 6th January, 1992 was issued, but in spite of that notice no payment was made. On 10th October, 1991 notice Annexure P2 was issued to the petitioner by the respondent through his counsel Shri Karnail Singh Mander giving information about the dishonouring of the cheque and further making demand that the amount be paid within fifteen days. It appears that after the second dishonour of the cheque another notice Annexure P4 was issued on 6th January, 1992 and the amount having not been paid the present complaint was filed.
(3.) Shri R.S. Bajaj, learned counsel for the petitioner, has urged that once notice Annexure P2 had been issued and the payment had not been made within the stipulated period of fifteen days, the cause of action had arisen to the respondent and if he wanted to take advantage of the provisions of section 138 and 142 of the Negotiable Instrument Act, the respondent had to institute the complaint within one month of the expiry of fifteen days from the date of receipt of notice Annexure P. 2.;